Public Prosecutor v Tay Sheo Tang Elvilin: Corruption by Police Officer
The Public Prosecutor appealed against the sentence of Tay Sheo Tang Elvilin, a police officer, who was convicted in the District Court on five charges under s 6(b) of the Prevention of Corruption Act for corruptly giving or offering gratification to fellow officers. Rajah JA in the High Court allowed the appeal, enhancing the sentence from six months to eighteen months' imprisonment, citing the serious abuse of position and the need to deter corruption within law enforcement agencies.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court appeal for enhanced sentence of a police officer convicted of corruption for misappropriating items and bribing fellow officers. Appeal allowed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Appellant | Government Agency | Appeal Allowed | Won | Tan Kiat Pheng of Attorney-General’s Chambers Christine Liu of Attorney-General’s Chambers |
| Tay Sheo Tang Elvilin | Respondent | Individual | Sentence Enhanced | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Christine Liu | Attorney-General’s Chambers |
4. Facts
- The respondent, a police officer, misappropriated a wallet and cigarettes during a raid.
- The respondent offered bribes to fellow officers to conceal his actions.
- The respondent instructed a fellow officer to lodge an inaccurate report.
- The respondent was a Sergeant at the time of the offences.
- The respondent initiated the unscheduled raid.
- The respondent distributed ill-gotten proceeds at the police station.
5. Formal Citations
- Public Prosecutor v Tay Sheo Tang Elvilin, Magistrate's Appeal No 289 of 2010/02, [2011] SGHC 141
- Public Prosecutor v Tay Sheo Tang Elvilin (Zheng Shaodong, Elvilin), , [2011] SGDC 27
6. Timeline
| Date | Event |
|---|---|
| Respondent initiated an unscheduled raid near the Seletar Range. | |
| Respondent misappropriated a wallet and cigarettes during the raid. | |
| Respondent offered and gave bribes to fellow officers. | |
| Magistrate's Appeal No 289 of 2010/02 | |
| High Court allowed the Prosecution's appeal and enhanced the sentence. |
7. Legal Issues
- Corruption
- Outcome: The court found the respondent guilty of corruption under s 6(b) of the Prevention of Corruption Act.
- Category: Substantive
- Sub-Issues:
- Offering gratification
- Giving gratification
- Abuse of power
- Breach of duty
- Sentencing
- Outcome: The court enhanced the sentence, emphasizing the need for deterrence and denouncing corruption within law enforcement.
- Category: Procedural
- Sub-Issues:
- Aggravating factors
- Mitigating factors
- Deterrence
- Abuse of trust
- Related Cases:
- [2001] 1 SLR(R) 241
- [2001] 2 SLR(R) 217
- [2007] 4 SLR(R) 753
- [2007] 2 SLR(R) 814
- [2010] 1 SLR 874
8. Remedies Sought
- Enhanced Sentence
9. Cause of Actions
- Breach of Prevention of Corruption Act
10. Practice Areas
- Criminal Litigation
11. Industries
- Government (Law Enforcement)
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Poh Tee v Public Prosecutor | High Court | Yes | [2001] 1 SLR(R) 241 | Singapore | Cited to emphasize the aggravating factor of a police officer drawing junior officers into a web of corruption. |
| Pandiyan Thanaraju Rogers v Public Prosecutor | High Court | Yes | [2001] 2 SLR(R) 217 | Singapore | Cited to show the range of sentences meted out to police officers convicted of corruption. |
| Public Prosecutor v Loqmanul Hakim bin Buang | High Court | Yes | [2007] 4 SLR(R) 753 | Singapore | Cited to highlight the importance of public confidence in enforcement agencies and the consequences of corruption within the police force. |
| Public Prosecutor v Law Aik Meng | High Court | Yes | [2007] 2 SLR(R) 814 | Singapore | Cited to emphasize that offences of this nature are often hard to detect and that is a factor which must factor in the sentencing equation. |
| ADF v Public Prosecutor and another appeal | High Court | Yes | [2010] 1 SLR 874 | Singapore | Cited regarding the decision to impose more than two consecutive sentences. |
| R. v Mark Edward Bohannan | English Court of Appeal (Criminal Division) | Yes | [2010] EWCA Crim 2261 | England and Wales | Cited to show that other jurisdictions come down hard on corruption in law enforcement agencies such as the police force. |
| Director of Public Prosecutions v Mark Armstrong | Court of Appeal of the Supreme Court of Victoria | Yes | [2007] VSCA 34 | Australia | Cited to show that other jurisdictions come down hard on corruption in law enforcement agencies such as the police force. |
| HKSAR v Lau Kwowk & others | Hong Kong Court of Appeal | Yes | [2003] HKEC 674 | Hong Kong | Cited to show that other jurisdictions come down hard on corruption in law enforcement agencies such as the police force. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Corruption
- Gratification
- Misappropriation
- Police officer
- Abuse of power
- Breach of trust
- Deterrence
- Public interest
- Enforcement agencies
15.2 Keywords
- Corruption
- Police officer
- Singapore
- Criminal law
- Sentencing
- Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Prevention of Corruption Act | 95 |
| Criminal Law | 70 |
| Offences | 60 |
| Criminal Procedure | 50 |
| Sentencing | 40 |
| Criminal Revision | 30 |
| Abuse of Power | 30 |
16. Subjects
- Criminal Law
- Corruption
- Sentencing